- 1 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 3257 OF 2023 (FC) BETWEEN: SMT. LATHA Y V DAUGHTER OF VENKATESH, FORMER WIFE OF V.ARAVIND, AGED ABOUT 41 YEARS, RESIDING AT BEHIND MARUTHI PROVISION STORE, SRI SIDDALINGESHWARA TEMPLE STREET, YEDIYUR, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE572 142. …APPELLANT (BY SRI. SIDDAMALLAPPA P M.,ADVOCATE) AND: SRI. ARAVIND V SON OF VENKATESH.M AGED ABOUT 45 YEARS, RESIDING AT NO.56, 12TH CROSS, 1ST MAIN ROAD, SUDHARAYA LAYOUT, SIDDEDAHALLI POST, BENGALURU PIN CODE- 560073. …RESPONDENT (BY SRI. SATISH T S.,ADVOCATE C/RESPONDENT) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 10.02.2023 PASSED IN MC NO.3436/2013 ON THE FILE OF THE II ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is as against the Judgment and Decree of dissolution of marriage between the appellant and the respondent in MC No.3436/2013 on the file of the II Additional Principal Judge, Family Court, Bengaluru [for short, 'the family Court']. The family Court has dissolved the marriage at the respondent's instance under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 [HM Act]. - 3 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 Sri Siddamallappa P.M., the learned counsel for the appellant, and Sri Satish T.S., the learned counsel for the respondent, seek leave to place on record an application under Section 13B of the HM Act for dissolution of marriage by mutual consent on terms as stated in the application seeking waiver of six months under Section 13B(2) thereof. The appellant and the respondent are present, and they are identified by their respective learned counsels. There is a financial settlement between the appellant and the respondent with both agreeing that the respondent has married after the appeal period and before the appeal is filed. The terms of the financial arrangement agreed upon by the appellant and the respondent read as under: 3. The Appellant and Respondent for resolution of all disputes, all claims including permanent alimony and maintenance have arrived at amicable full and final settlement of all claims as under: - 4 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 i. That the Respondent has offered to make payment amounting to a sum Rs.71,20,000/- (Rupees Seventy-One lakh Twenty thousand only), towards full and final settlement of all claims apart from the gold and silver ornaments, to be paid by the Respondent as under: a. The Respondent shall pay to the Appellant a sum of Rs.20,000/-(Rupees Twenty Thousand only) per month for a period of 36 months, totally amounting to Rs.7,20,000/- (Rupees Seven lakh thousand only): b. Rs.1,00,000/- (Rupees One Lakh only) has paid by the Respondent on 23rd June 2025, (Rs.50,000* 2) through account transfer by IMPS/ Phone pay to the bank account of the Petitioner. c. Rs. 15,00,000 (Rupees Fifteen lakh only) paid by online net Bank Account transferred on this day by the Respondent to the Appellant Bank account. The Respondent confirms the transfer of the amount and Appellant acknowledges the receipt of the same. d. Rs.2,00,000/- (Rupees Two Lakh only) paid by cash on this day by the Respondent. The Appellant acknowledges the receipt of the same. e. A sum of Rs.46,00,000/-(Rupees Forty-Six lakh only) to be paid to Appellant by the Respondent on before expiry of 36 months from the date of execution of this Compromise Petition / Settlement. f. In the event the Respondent fails to make payment towards the payments in Clause 3 - 5 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 (i) (e) after the expiry of 36 months or any part thereof such amount shall carry an interest at the rate of 18% per annum until recovery of the same in full. g. Further in the event the Respondent is unable to make payment of the amount in Clause 3 (1) (e) or any part thereof, the Respondent in alternative undertakes to provide the Appellant with right, title and interest over the First Floor portion of the building, consisting of two residential units with appropriate super built-up area measuring about 1000 square feet in the building bearing #48, 12 Cross, First Main Road, Soundarya Layout, Siddedahalli Village, Nagasandra Post, Bengaluru. In the event of the Respondent pays the amounts in Clause 3 (i) (e) the Appellant shall not have any charge or claim over the aforesaid property. ii. In the event the Respondent due his financial circumstances opt for sale of the #48, 12th Cross, First Main Road, Soundarya Layout, Siddedahalli Village, Nagasandra Post, Bengaluru, the Appellant shall co-operate with the same provided that out of the sale consideration the Appellant amounts due in Clause 3 (i) (e), shall be settled on priority after satisfaction of the secured creditors or mortgagee / KSFC/DIC. iii. In the event the Respondent fails to make any payment towards the above payments in Clause 3 (i) (e), the Appellant shall have the right to seek enforcement of the said right, over the aforesaid property and shall have residual charge over the said Property for amounts due to the Appellant after satisfaction of the charge to KSFC and DIC. - 6 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 In the event of the any coercive proceedings over the larger portion of the building, the Appellant shall have residual charge to receive any balance amounts to the extent of dues to the Appellant after realisation of the first charge by KSFC. iv. The Respondent shall not raise any other loans or further mortgage over the said Property or any portion of the building in the larger property, until satisfaction of the entire amounts payable to the Appellant under the terms of this Settlement. v. The Respondent shall not sell or alienate the said property without clearing the amounts payable to Appellant under this Compromise Petition. vi. The Respondent undertakes shall continue to pay all educational expenses until he is of the age of 25 years and look after the other welfare of the Minor Child Mt. Mohith A vii. The Appellant & Respondent shall have joint custody of the child and the child is free to live with the Appellant and Respondent as per the wish of the child Mt. Mohith.A. viii. The Appellant upon payment and satisfaction of the payments of the aforesaid amounts by the Respondent, the Appellant shall not have any claim over the Respondent or their family members or assets of the Respondent or the Assets of the Respondent family or any claims in whatsoever manner. ix. The Respondent has provided to the Appellant gold ornaments and jewellery - 7 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 and silver articles which are presently with custody of the Appellant. The Appellant shall have the custody, and she shall have possession and ownership of the same. The Respondent has returned all the customary gold ornaments gifted by the Appellant family during the marriage. x. The Appellant having received a sum of Rs. 18,00,000/- (Rupees Eighteen Lakh) on this day, the Appellant has vacated and handed over the constructive possession of the matrimonial home being #56, 12 Cross, First Main Road, Soundarya Layout, Siddedahalli Village, Nagasandra Post, Bengaluru, xi. The Appellant shall not have any claim over the said property bearing No. 56, being matrimonial home provided by the Respondent family for her and minor son usage till date xii. The Appellant shall be obligated to issue consent or NOC for sale of the said residential house property bearing No. 56, by the Appellant and their family members. xiii. Both the Parties declare and undertake that apart from the aforesaid terms and financial / Settlement obligations, both parties do not have any other claims in whatsoever manner over each other. xiv. The Appellant herein withdraws appeal and claims / prayer for setting side the order of the learned Trail Court in M.C No. 3436/2013. The Appellant shall not cause any interference in the peaceful and family live of the Respondent. - 8 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 xv. The Appellant shall with-drawn all proceedings if any pending before any court or forum against the Appellant or his family members. xvi. Both the Appellant and Respondent shall co-operate and participate in cordial manner for the purpose of upbring and welfare of minor child Mt. Mohith. A, responsible parents. Wherefore in view of the aforesaid settlements this Hon'ble Court be pleased to record the terms of settlement and dispose of the case matter granting the following reliefs to the parties in the interest of justice and equity as under: a. This Hon'ble Court be pleased to confirm the Judgement and Decree dated 17.08.2013 in M.C No. 3236/2013, passed by the Learned trial Court dissolving the Marriage between the Appellant & Respondent on 27.04.2008 at Thirumala Convention Centre at Laggere, Bengaluru. b. The Hon'ble Court be pleased to pass an order of decree for permanent Alimony in favour of the Appellant in terms of this Compromise Petition. In the circumstances, this Court is of the considered view that the parties have resolved their dispute and seek dissolution of marriage on mutual consent on terms that are reasonable. Hence, the following: - 9 - HC-KAR NC: 2025:KHC:25209-DB MFA No. 3257 of 2023 ORDER The appeal is disposed of modifying the Family Court's impugned Order and Decree dated 10.02.2023 in MC No.3436/2013 on the file of II Additional Principal Judge, Family Court, Bengaluru declaring that the marriage solemnized between the appellant and the respondent stands dissolved as decreed by the family Court but on mutually accepted terms. The office is directed to draw the decree accordingly incorporating the terms of agreement as extracted above. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA ct:sr